Guidelines for Law enforcers for effective implementation of tobacco control laws Jointly supported by Ministry of Health & Family Welfare, Government of India World Health Organization, Country Office for India MINISTRY OF HEALTH & FAMILY WELFARE GOVERNMENT OF INDIA
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Guidelines for Law enforcers for effective
implementation of tobacco control laws
Jointly supported byMinistry of Health & Family Welfare, Government of India
World Health Organization, Country Office for India
MINISTRY OF HEALTH & FAMILY WELFAREGOVERNMENT OF INDIA
INDEX
S. NO PARTICULAR PAGE NO
The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of 1-13
Trade and Commerce, Production, Supply and Distribution Act, 2003 (COTPA)
1. Prohibition on smoking in public places (Section 4 of COTPA)
a. Summary – Rules for Prohibition of smoking in Public Places 17-21
b. Step by Step Guidelines for ensuring Smoke-Free public places 22-27
c. Frequently Asked Questions (FAQ’s) 28-30
2. Prohibition of advertisement, promotion and sponsorship of tobacco products
(Section 5 of COTPA)
a. Summary – Rules related to prohibition of advertisement, promotion and sponsorship of
Cigarettes and Other Tobacco Products 33-37
3. Prohibition on sale of tobacco products to minors (Section 6 of COTPA)
a. Summary – Rules relating to prohibition on sale of tobacco products to minors 41-42
b. Rules relating to prohibition on display of tobacco products within
100 yards of educational institution 43
c. Frequently Asked Questions (FAQ’s) 44-46
4. Display of specified health warnings on tobacco product packages
(Section 7 of COTPA)
a. Summary – Rules relating to display of specified health warnings on tobacco
products packs 49-53
b. Frequently Asked Questions (FAQ’s) 54-55
Cigarettes and Other Tobacco Products
(Prohibition of Advertisement and Regulation
of Trade and Commerce, Production,
Supply and Distribution) Act, 2003 (COTPA)
No. 34 of 2003 [18th May, 2003]
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Guidelines for Law enforcers for effective implementation of tobacco control laws
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Guidelines for Law enforcers for effective implementation of tobacco control laws
THE CIGARETTES AND OTHER TOBACCO PRODUCTS
(PROHIBITION OF ADVERTISEMENT AND REGULATION
OF TRADE AND COMMERCE, PRODUCTION, SUPPLY
AND DISTRIBUTION) ACT, 2003 (COTPA)
No. 34 of 2003 [18th May, 2003]
An Act to prohibit the advertisement of, and to provide for the regulation of trade and commerce in,
and production, supply and distribution of, cigarettes and other tobacco products and for matters connected
therewith or incidental thereto.
WHEREAS, the Resolution passed by the 39th World Health Assembly (WHO), in its Fourteenth Plenary
meeting held on the 15th May, 1986 urged the member States of WHO which have not yet done so to
implement the measures to ensure that effective protection is provided to non-smokers from involuntary
exposure to tobacco smoke and to protect children and young people from being addicted to the use of
tobacco;
AND WHEREAS, the 43rd World Health Assembly in its Fourteenth Plenary meeting held on the 17th
May, 1990, reiterated the concerns expressed in the Resolution passed in the 39th World Health Assembly
and urged Member States to consider in their tobacco control strategies plans for legislation and other
effective measures for protecting their citizens with special attention to risk groups such as pregnant
women and children from involuntary exposure to tobacco smoke, discourage the use of tobacco and
impose progressive restrictions and take concerted action to eventually eliminate all direct and indirect
advertising, promotion and sponsorship concerning tobacco;
AND WHEREAS, it is considered expedient to enact a comprehensive law on tobacco in the public
interest and to protect the public health;
AND WHEREAS, it is expedient to prohibit the consumption of cigarettes and other tobacco products
which are injurious to health with a view to achieving improvement of public health in general as enjoined
by article 47 of the Constitution;
AND WHEREAS, it is expedient to prohibit the advertisement of, and to provide for regulation of trade
and commerce, production, supply and distribution of, cigarettes and other tobacco products and for
matters connected therewith or incidental thereto:
BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:-
Section 1. (1) This Act may be called the Cigarettes and Other Tobacco Products (Prohibition of
Advertisement and Regulation of Trade and Commerce, Production, Supply and
Distribution) Act, 2003.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint and different dates may be appointed for different
provisions of this Act.
Section 2. It is hereby declared that it is expedient in the public interest that the Union should take
under its control the tobacco industry.
Section 3. In this Act, unless the context otherwise requires,-
(a) “advertisement” includes any visible representation by way of notice, circular, label,
wrapper or other document and also includes any announcement made orally or by
any means of producing or transmitting light, sound, smoke or gas;
Short title, extent
and commence-
ment.
Declaration as to
expediency of
control by the
Union Definitions.
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Guidelines for Law enforcers for effective implementation of tobacco control laws
(b) “cigarette” includes,-
(i) Any roll of tobacco wrapped in paper or in any other substance not containing
tobacco,
(ii) Any roll of tobacco wrapped in any substance containing tobacco, which, by
reason of its appearance, the type of tobacco used in the filter, or its packaging
and labeling is likely to be offered to, or purchased by, consumers as cigarette,
but does not include beedi, cheroot and cigar;
(c) “distribution” includes distribution by way of samples, whether free or otherwise;
(d) “export”, with its grammatical variations and cognate expressions, means taking out
of India to a place outside India;
(e) “foreign language” means a language which is neither an Indian language nor the
English language;
(f) “import”, with its grammatical variations and cognate expressions, means bringing
into India from a place outside India;
(g) “Indian language” means a language specified in the Eighth Schedule to the Constitution,
and includes any dialect of such language;
(h) “label” means any written, marked, stamped, printed or graphic matter, affixed to, or
appearing upon, any package;
(i) “package” includes a wrapper, box, carton, tin or other container;
(j) “prescribed” means prescribed by rules made under this Act;
(k) “production”, with its grammatical variations and cognate expressions, includes the
making of cigarettes, cigars, cheroots, beedis, cigarette tobacco, pipe tobacco, hookah
tobacco, chewing tobacco, pan masala or any chewing material having tobacco as
one of its ingredients (by whatever name called) or snuff and shall include-
(i) Packing, labeling or re-labelling, of containers;
(ii) Re-packing from bulk packages to retail packages; and
(iii) The adoption of any other method to render the tobacco product marketable;
(l) “public place” means any place to which the public have access, whether as of right
or not, and includes auditorium, hospital buildings, railway waiting room, amusement
centres, restaurants, public offices, court buildings, educational institutions, libraries,
public conveyances and the like which are visited by general public but does not
include any open space;
(m) “sale”, with its grammatical variations and cognate expressions, means any transfer
of property in goods by one person to another, whether for cash or on credit, or by way
of exchange, and whether wholesale or retail, and includes an agreement for sale, and
offer for sale and exposure for sale;
(n) “smoking”, means smoking of tobacco in any form whether in the form of cigarette,
cigar, beedis or otherwise with the aid of a pipe, wrapper or any other instruments;
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Guidelines for Law enforcers for effective implementation of tobacco control laws
(o) “specified warning” means such warnings against the use of cigarettes or other tobacco
products to be printed, painted or inscribed on packages of cigarettes or other tobacco
products in such form and manner as may be prescribed by rules made under this Act;
(p) “tobacco products” means the products specified in the Schedule.
Section 4. No person shall smoke in any public place:
Provided that in a hotel having thirty rooms or a restaurant having seating capacity of thirty
persons or more and in the airports, a separate provision for smoking area or space may be
made.
Section 5. (1) No person engaged in, or purported to be engaged in the production, supply or
distribution of cigarettes or any other tobacco products shall advertise and no person
having control over a medium shall cause to be advertised cigarettes or any other
tobacco products through that medium and no person shall take part in any
advertisement which directly or indirectly suggests or promotes to use or consumption
of cigarettes or any other tobacco products.
(2) No person, for any direct or indirect pecuniary benefit, shall-
(a) Display, cause to display, or permit or authorize to display any advertisement
of cigarettes or any other tobacco product; or
(b) Sell or cause to sell, or permit or authorize to sell a film or video tape containing
advertisement of cigarettes or any other tobacco product; or
(c) Distribute, cause to distribute, or permit or authorize to distribute to the public
any leaflet, hand-bill or document which is or which contains an advertisement
of cigarettes or any other tobacco product; or
(d) Erect, exhibit, fix or retain upon or over any land, building, wall, hoarding,
frame, post or structure or upon or in any vehicle or shall display in any manner
whatsoever in any place any advertisement of cigarettes or any other tobacco
product:
Provided that this sub-section shall not apply in relation to-
(a) an advertisement of cigarettes or any other tobacco product in or on a package
containing cigarettes or any other tobacco product;
(b) advertisement of cigarettes or any other tobacco product which is displayed at
the entrance or inside a warehouse or a shop where cigarettes any other tobacco
products are offered for distribution or sale.
(3) No person, shall, under a contract or otherwise promote or agree to promote the use or
consumption of-
(a) cigarettes or any other tobacco product; or
(b) any trade mark or brand name of cigarettes or any other tobacco product in
exchange for a sponsorship, gift, prize or scholarship given or agreed to be
given by another person.
Prohibition of
smoking in a
public place.
Prohibition of
advertisement of
cigarettes and
other tobacco
products
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Guidelines for Law enforcers for effective implementation of tobacco control laws
Section 6. No person shall sell, offer for sale, or permit sale of, cigarette or any other tobacco product-
(a) to any person who is under eighteen years of age, and
(b) in an area within a radius of one hundred yards of any educational institution.
Section 7. (1) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any
other tobacco products unless every package of cigarettes or any other tobacco
products produced, supplied or distributed by him bears thereon, or on its label such
specified warning including a pictorial warning as may be prescribed1.
(2) No person shall carry on trade or commerce in cigarettes or any other tobacco products
unless every package of cigarettes or any other tobacco products sold, supplied or
distributed by him bears thereon, or on its label, the specified warning.
(3) No person shall import cigarettes or any other tobacco products for distribution or
supply for a valuable consideration or for sale in India unless every package of cigarettes
or any other tobacco products so imported by him bears thereon, or on its label, the
specified warning.
(4) The specified warning shall appear on not less than one of the largest panels of the
package in which cigarettes or any other tobacco products have been packed for
distribution, sale or supply for a valuable consideration.
(5) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any
other tobacco products unless every package of cigarettes or any other tobacco products
produced, supplied or distributed by him indicates thereon, or on its label, the nicotine
and tar contents on each cigarette or as the case may be on other tobacco products
along with the maximum permissible limits thereof:
Provided that the nicotine and tar contents shall not exceed the maximum permissible
quantity thereof as may be prescribed by rules made under this Act.
Section 8. (1) The specified warning on a package of cigarettes or any other tobacco products shall
be-
(a) legible and prominent;
(b) conspicuous as to size and colour;
(c) in such style or type of lettering as to be boldly and clearly presented in distinct
contrast to any other type, lettering or graphic material used on the package or
its label and shall be printed, painted or inscribed on the package in a colour
which contrasts conspicuously with the background of the package or its labels.
(2) The manner in which a specified warning shall be printed, painted or inscribed on a
package of cigarettes or any other tobacco products shall be such as may be specified
in the rules made under this Act.
(3) Every package containing cigarettes or any other tobacco products shall be so packed
as to ensure that the specified warning appearing thereon, or on its label, is, before
the package is opened, visible to the consumer.
Prohibition on sale
of cigarette or other
tobacco products to
person below the
age of eighteen
years and in
particular area
Restrictions on
trade and
commerce in and
production, supply
and distribution
of cigarettes and
other tobacco
products.
Manner in which
specified warning
shall be made
1 Substituted vide the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and
Commerce, Production, Supply and Distribution) Amendment Act, 2007 (No. 38 of 2007) dated 25th September, 2007
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Guidelines for Law enforcers for effective implementation of tobacco control laws
Section 9. (1) Where the language used on a package containing cigarettes and any other tobacco products
or on its label is-
(a) English, the specified warning shall be expressed in the English language;
(b) any Indian language or languages, the specified warning shall be expressed in
such Indian language or languages;
(c) both English and one or more Indian languages, the specified warning shall be
expressed in the English language as well as in such Indian language or
languages;
(d) partly English and partly any Indian language or languages, the specified
warning shall be expressed in the English language as well as in such Indian
language or languages;
(e) any foreign language, the specified warning shall be expressed in the English
language;
(f) partly any foreign language and partly English or any Indian language or
languages, the specified warning shall be expressed in the English language as
well as in such Indian language or languages.
(2) No package of cigarettes or any other tobacco products or its label shall contain any
matter or statement which is inconsistent with, or detracts from, the specified warning.
Section 10. No specified warning or indication of nicotine and tar contents in cigarettes and any other
tobacco products shall be deemed to be in accordance with the provisions of this Act if the
height of each letter or figure, or both used on such warning and indication is less than the
height as may be prescribed by rules made under this Act.
Section 11. For purposes of testing the nicotine and tar contents in cigarettes and any other tobacco
products the Central Government shall by notification in the Official Gazette grant recognition
to such testing laboratory as that Government may deem necessary.
Section 12. (1) Any police officer, not below the rank of a sub-inspector or any officer of State Food or
Drug Administration or any other officer, holding the equivalent rank being not below
the rank of Sub- Inspector of Police, authorized by the Central Government or by the
State Government may, if he has any reason to suspect that any provision of this Act
has been, or is being, contravened, enter and search in the manner prescribed, at any
reasonable time, any factory, building, business premises or any other place,-
a) where any trade or commerce in cigarettes or any other tobacco products is
carried on or cigarettes or any other tobacco products are produced, supplied
or distributed; or
b) where any advertisement of the cigarettes or any other tobacco products has
been or is being made.
2 of 1974 (2) The provisions of the Code of Criminal Procedure, 1973, shall apply to every search
and seizure made under this Act.
Section 13 (1) If any police officer, not below the rank of a sub-inspector or any officer of State Food
or Drug Administration or any other officer, holding the equivalent rank being not
below the rank of Sub- Inspector of Police, authorized by the Central Government or by
the State Government, has any reason to believe that,-
Language in which
the specified
warning shall be
expressed.
Size of letters and
figures.
Testing laboratory
for nicotine and
tar contents.
Power of entry and
search
Power to seize
8
Guidelines for Law enforcers for effective implementation of tobacco control laws
a) in respect of any package of cigarettes or any other tobacco products, or
b) in respect of any advertisement of cigarettes or any other tobacco products,
the provisions, of this Act have been, or are being, contravened, he may seize such package
or advertisement material in the manner prescribed.
(2) No package of cigarettes or any other tobacco products or advertisement material
seizes under clause (a) of sub-section (1) shall be retained by the officer who seize the
package or advertisement material for a period exceeding ninety days from the date of
the seizure unless the approval of the District Judge, within the local limits of whose
jurisdiction such seizure was made, has been obtained for such retention.
Section 14. Any package of cigarettes or any other tobacco products or any advertisement material of
cigarettes or any other tobacco products, in respect of which any provision of this Act has
been or is being contravened, shall be liable to be confiscated:
Provided that, where it is established to the satisfaction of the court adjudging the
confiscation that the person in whose possession, power or control any such package of
cigarettes or any other tobacco products is found is not responsible for the contravention
of the provisions of this Act, the Court may, instead of making an order for the confiscation
of such package, make such other order authorized by this Act against the person guilty of
the breach of the provisions of this Act as it may think fit.
Section 15. (1) Whenever any confiscation of any package of cigarettes or any other tobacco products
is authorized by this Act, the court adjudging it may, subject to such conditions as
may be specified in order adjudging the confiscation, give the owner thereof an option
to pay, in lieu of confiscation, costs which shall be equal to the value of the goods
confiscated.
(2) On payment of the costs ordered by the court, the seized packages shall be returned to
the person from whom they were seized on condition that such person shall, before
making any distribution, sale or supply of such packages of cigarettes or other tobacco
products, get the specified warning and indication of nicotine and tar contents
incorporated on each such package.
Section 16. No confiscation made, costs ordered to be paid under this Act shall prevent the infliction of
any punishment to which the person affected thereby is liable under the provisions of this
Act or under any other law.
Section 17. Any confiscation of cigarettes or any other tobacco products may be adjudged or costs may
be ordered to be paid,-
(a) without any limit, by the principal civil court of original jurisdiction within the local
limits of whose jurisdiction such confiscation has been made, costs have been ordered
to be paid,
(b) subject to such limits as may be specified by the Central Government in this behalf, by
such other court, not below a civil court having pecuniary jurisdiction exceeding
rupees five thousand, as the Central Government may, by notification in the Official
Gazette, authorize in this behalf.
Section 18. (1) No order adjudging confiscation or direct payment of costs shall be made unless the
owner or person in possession of the package of cigarettes or any other tobacco
products has been given a notice in writing informing him of the grounds on which it
Confiscation of
package
Power to give
option to pay
costs in lieu of
confiscation
Confiscation not
to interfere with
other punishments
Adjudication
Giving opportunity
to the owner of
seized packages.
9
Guidelines for Law enforcers for effective implementation of tobacco control laws
is proposed to confiscate such package, and giving him a reasonable opportunity of
making a representation in writing, within such reasonable time as may be specified
in the notice, against the confiscation mentioned therein, and, if he so desires, of
being heard personally or through a representative in the matter:
Provided that, where no such notice is given within a period of ninety days from the
date of the seizure of the package of cigarettes or any other tobacco products, such
package shall be returned, after the expiry of that period, to the owner or the person
from whose possession it was seized.
(2) Save as otherwise provided in sub-section (1), the provisions of the Code of Civil
Procedure, 1908, shall, as far as may be, apply to every proceeding referred to in sub-
section (1)
Section 19. (1) Any person, aggrieved by any decision of the court adjudging a confiscation, ordering
the payment of costs, may prefer an appeal to the court to which an appeal lies from
the decision of such court.
(2) The appellate court may, after giving to the appellant an opportunity of being heard,
pass such order as it thinks fit confirming, modifying or reversing the decision or
order appealed against or may send back the case with such directions ad it may think
fit for a fresh decision or adjudication, as the case may be, after taking additional
evidence, if necessary:
Provided that an order enhancing any fine in lieu of confiscation or confiscating of
goods of grater value shall not be made under this section unless the appellant has
had an opportunity of making a representation and, if he so desires, of being heard in
person or through a representative in his defence.
(3) No further appeal shall lie against the order of the court of appeal.
Section 20. (1) Any person who produces or manufactures cigarettes or tobacco products, which do
not contain, either on the package or on their label, the specified warning and the
nicotine and tar contents, shall in the case of first conviction be punishable with
imprisonment for a term which may extend to two years, or with fine which may extend
to five thousand rupees, or with both, and for the second or subsequent conviction,
with imprisonment for a term which may extend to five years and with fine which may
extend to ten thousand rupees.
(2) Any person who sells or distributes cigarettes or tobacco products which do not
contain either on the package or on their label, the specified warning and the nicotine
and tar contents shall in the case of first conviction be punishable with imprisonment
for a term, which may extend to one year, or with fine which may extend to one
thousand rupees, or with both, and, for the second or subsequent conviction, with
imprisonment for a term which may extend to two years and with fine which may
extend to three thousand rupees.
Section 21. (1) Whoever contravenes the provisions of section 4 shall be punishable with fine which
may extend to two hundred rupees.
2 of 1974 (2) An offence under this section shall be compoundable and shall be tried summarily in
accordance with the procedure provided for summary trials in the Code of Criminal
Procedure, 1973.
Appeal
5 of 1908
Punishment for
failure to give
specified warning
and nicotine and
tar contents
Punishment for
smoking in certain
places
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Guidelines for Law enforcers for effective implementation of tobacco control laws
Section 22. Whoever contravenes the provisions of section 5 shall, on conviction, be punishable-
(a) in the case of first conviction, with imprisonment for a term which may extend to two
years or with fine which may extend to one thousand rupees or with both, and
(b) in the case of second or subsequent conviction with imprisonment for a term which
may extend to five years and with fine which may extend to five thousand rupees.
Section 23. Where any person has been convicted under this Act for the contravention of the provision
of section 5, the advertisement and the advertisement material for cigarettes and other
tobacco products may be forfeited to the Government and such advertisement and
advertisement material shall be disposed of in such manner as may be prescribed by rules
made under this Act.
Section 24. (1) Any person who contravenes the provisions of section 6 shall be guilty of an offence
under this Act and shall be punishable with fine which may extend to two hundred
rupees.
2 of 1974 (2) All offences under this section shall be compoundable and shall be tried summarily
in accordance with the procedure provided for summary trials in the Code of Criminal
Procedure, 1973.
Section 25. (1) Notwithstanding anything contained in any other law for the time being in force, the
Central Government or the State Government may, by notification in the Official Gazette,
authorize one or more persons who shall be competent to act under this Act:
Provided that the person so authorized may, if he has reasonable ground fro believing
that any person has committed an offence under section 4 or section 6, may detain
such person unless the accused person furnishes his name and address, and otherwise
satisfies the officer detaining him that he will duly answer any summons or other
proceedings which may be taken against him.
(2) Any person detained under sub-section (1) shall forthwith be taken before Magistrate
to be dealt with according to law.
(3) Any person committing an offence under section 4 or section 6 shall be triable for
such offence in any place in which he may be or which the State Government may
notify in this behalf, as well as in any other place in which he is liable to be tried
under any law for the time being in force.
(4) Every notification issued under sub-sections (1) and (3) shall be published in the
Official Gazette, and a copy thereof shall be exhibited for information to the public in
some conspicuous place or places as the State Government may direct.
(5) Every person authorized under sub-section (1) shall be deemed to be a pubic servant
within the meaning of section 21 of the Indian Penal Code.
Section 26. (1) Where an offence under this Act has been committed by a company, every person who,
at the time the offence was committed, was in charge of, and was responsible to, the
company for the conduct of the business of the company, as well as the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment, if he proves that the offence was committed without his
Punishment for
advertisem-ent of
cigarettes and
tobacco products
Forfeiture of
advertisement
and advertisement
material
Prevention,
detention and
place of trial of
offences under
sections 4 and 6
45 of 1860
Offences by
companies
11
Guidelines for Law enforcers for effective implementation of tobacco control laws
knowledge or that he had exercised all due diligence to prevent the commission of
such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this
Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect on the
part of, any director, manager, secretary or other officer shall be proceeded against
and punished accordingly.
Explanation- For the purposes of this section, -
(a) “company” means a body corporate and includes a firm or other association of
individuals; and
(b) “director”, in relation to affirm, means a partner in the firm.
Section 27. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence
punishable under this Act shall be bailable. 2 of 1974
Section 28. (1) Any offence committed under section 4 or section 6 may either before or after the
institution of the prosecution be compounded by such officer authorized by Central
Government or State Government and for an amount which may not exceed two hundred
rupees.
(2) Where an offence has been compounded under sub-section (1), the offender, if in
custody, shall be discharged and no further proceedings shall be taken against him in
respect of such offence.
Section 29. No suit, prosecution or other legal proceeding shall lie against the Central Government or
any State Government or any officer of the Central Government or any State Government for
anything which is in good faith done or intended to be done under this Act.
Section 30. The Central Government, after giving by notification in the Official Gazette, not less than
three months notice of its intention so to do, may by like notification, add any other tobacco
product in respect of which it is of opinion that advertisements are to be prohibited and its
production, supply and distribution is required to be regulated under this Act, and thereupon
the Schedule shall in its application to such products be deemed amended accordingly.
Section 31. (1) The Central Government may, by notification in the Official Gazette, make rules to
carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for
all or any of the following matters, namely:-
(a) specify the form and manner in which warning shall be given in respect of
cigarettes or other tobacco products under clause (b) of section 3;
(b) specify the maximum permissible nicotine and tar contents in cigarettes or
other tobacco products under the proviso to sub-section (5) of section 7;
(c) specify the manner in which the specified warning shall be inscribed on each
package of cigarettes or other tobacco products or its label under sub-section
(2) of section 8;
Offences to be
bai lable.
Composition of
offences
Protection of
action taken in
good faith
Power to add any
tobacco products
in the Schedule
Power of Central
Government to
make rules
12
Guidelines for Law enforcers for effective implementation of tobacco control laws
(d) specify the height of the letter or figure or both to be used in specified warning
or to indicate the nicotine and tar contents in cigarettes or other tobacco products
under section 10;
(e) provide for the manner in which entry into and search of any premises is to be
conducted and the manner in which the seizure of any package of cigarettes or
other tobacco products shall be made and the manner in which seizure list
shall be prepared and delivered to the person from whose custody any package
of cigarettes or other tobacco products has been seized;
(f) provide for any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act and every notification made under section 30 shall be
laid, as soon as may be after it is made, before each House of Parliament, while it is
in session, for a total period of thirty days which may be comprised in one session or
in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive session aforesaid, both Houses agree in making
any modification in the rule or notification or both Houses agree that the rule or
notification should not be made, the rule or notification shall thereafter have effect
only in such modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule or notification.
Section 32. Nothing contained in this Act shall apply to any cigarettes or other tobacco products or
package of cigarettes or other tobacco products which is exported:
Provided that nothing in this section shall be deemed to authorize the export of any package
of cigarettes or other tobacco products, not containing the specified warning and indication
of nicotine and tar contents to any country if the law in force in that country requires that
the same or similar warning and nicotine and tar contents shall be specified on each
package of cigarettes or other tobacco products.
Explanation.– For the purpose of this section, any cigarette or other tobacco products or
package of cigarettes and other tobacco products shall be deemed to be exported before the
commencement of this Act, if the necessary steps for export have already been taken
notwithstanding that the actual export has not taken place.
Section 33. (1) The Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975, is hereby
repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the provisions
of the aforesaid Act, shall, in so far as such thing or action is not inconsistent with the
provisions of the Act as if the said provisions were in force when such thing was done
or such action was taken and shall continue in force accordingly until superseded by
anything done or any action taken under this Act.
Note :- All the Sections under COTPA , except Sections 7(5) and 11, have been notified by the Central Government by
Gazette notifications SO 238 (E) dated 25th February, 2004 , SO 1955 (E) dated 16th November, 2007 , SO 1865 (E) dated 30th July,
2009 and GSR 680(E), dated 18th September 2009.
Act not to apply to
cigarettes and
other tobacco
products which
are exported.
Repeal and savings
49 of 1975
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Guidelines for Law enforcers for effective implementation of tobacco control laws
THE SCHEDULE
[See Section 2(p)]
1. Cigarettes
2. Cigars
3. Cheroots
4. Beedis
5. Cigarette tobacco, pipe tobacco and hookah tobacco
6. Chewing Tobacco
7. Snuff
8. Pan masala or any chewing material having tobacco as one of its ingredients (by whatever name
called).
9. Gutka
10. Tooth powder containing tobacco.
Prohibition of smoking in public places
(Section 4 of COTPA)
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Guidelines for Law enforcers for effective implementation of tobacco control laws
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Guidelines for Law enforcers for effective implementation of tobacco control laws
Prohibition on smoking in public places
(Section 4 of COTPA)
Summary
Prohibition of Smoking in Public Places : Section 4 of COTPA prohibits smoking in ‘public places’. Any
person found smoking in a public place is liable to pay a fine of up to Rs 200. The offence is
compoundable, which can be settled on the spot by the enforcement officer and may be tried
summarily in accordance with the procedure provided in the Code of Criminal Procedure, 1973. The
authorized officer is considered a public servant while acting in performance of his duty under
COTPA.
As defined under 3(l) of COTPA ‘public place’ means any place to which the public have access,
whether as of right or not, but does not include any open space. In addition, smoking is also prohibited
at the open spaces that are visited by the public like open auditoriums, stadiums, railway stations,
bus stops and such other places.
A physically segregated smoking area may only allowed in the following places:-
• Airports
• Hotels with 30 or more rooms.
• Restaurants with 30 or more seats.
Comprehensive rules on prohibition of smoking in public places were notified on May 30, 2008
(superceding the initial rules of 2004). These rules came into force from October 2, 2008. The rules
designated 21 categories of authorized officers (listed in the rules) to ensure enforcement of smoke-
free rules in public places. As per these rules the owner/in-charge/proprietor/manager of a public
place must ensure that:
• No person smokes in the public place under his jurisdiction
• A 60 X 30cm board saying, “No Smoking Area – Smoking Here is an Offence” is prominently
displayed at each entrance, floors, staircases, entrance of the lifts and at conspicuous
place(s) inside
• Name of the person to whom a complaint may be made is prominently displayed
• No ashtrays, lighters and matchsticks etc. are provided.
• ‘Smoking area or space’ is not provided at the entrance or exit of a restaurant, hotel or
airport. Such area is distinctively marked as “Smoking Area” in English and the local
language. “Smoking Area” is used only for the purposes of smoking and no service(s) are
allowed therein.
If owner, manager, supervisor etc. fails to act upon any complaint he is liable to a fine equivalent to
the number of individual offences recorded on his premises. Rules further define that the ‘smoking
area or space’ should be a separately ventilated room that is physically separated and surrounded by
full height walls on all four sides. It should be fitted with an automatic closing door that is normally
kept in a closed position. The air from the smoking area should be exhausted directly to the outside
through use of appropriate air ventilation/cleaning system so that the smoke does not mix back in the
air supply and the non-smoking areas of the building.
Any complaints with regard to the violations of these Rules
can be reported at National Toll Free Helpline (24X7) number
1800-110-456
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Guidelines for Law enforcers for effective implementation of tobacco control laws
Rules for prohibition of Smoking in Public Places (Section 4): 1
In exercise of the power conferred by Section 31 of the Cigarettes and Other Tobacco Products (Prohibition
of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003
(34 of 2003), the Central Government hereby makes the following Rules, in supersession to Rule 3 of the
Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce,
Production, Supply and Distribution) Rules, 2004, namely
1 . Short title, Extent and Commencement. -
(1) These rules may be called the Prohibition of Smoking in Public Places Rules, 2008.
(2) They shall come into force on the 2nd October, 2008.
2 . Definitions: - In these rules, unless the context otherwise requires,—
(a ) “hotel” shall mean a building or a part of a building where lodging, with or without board or
other services, is provided by way of business for consideration monetary or otherwise and
includes boarding house and guest house.
(b) “restaurant” shall mean any place to which the public has access and where any kind of
food or drink is supplied for consumption on the premises by any person by way of business
for consideration monetary or otherwise and shall include the open space surrounding such
(c) “Open space” mentioned in Section 3 (1) of the Act shall not include any place visited by the
public such as open auditorium, stadium, railway station, bus stop/stand, and other such
places.
(d) “Public place” defined in Section 3 (1) of the Act shall also include work places, shopping
malls, and cinema halls.
(e) “Smoking area or space” mentioned in the proviso to Section 4 of the Act shall mean a
separately ventilated smoking room that:
(i) is physically separated and surrounded by full height walls on all four sides;
(ii) has an entrance with an automatically closing door normally kept in close position;
(iii) has an air flow system, as specified in schedule I,
(iv) has negative air pressure in comparison with the remainder of the building.
(f) Words and expressions used herein and not defined in these rules but defined in the Act shall
have the meanings, respectively, assigned to them in the Act.
3. Prohibition of smoking in a public place: -
(1) The owner, proprietor, manager, supervisor or in charge of the affairs of a public place shall
ensure that:
(a) No person smokes in the public place(under his jurisdiction/ implied)
1 The Prohibition of Smoking in Public Places Rules, 2008 as cited in Gazette Notification GSR.417(E) Dated 30th May, 2008
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Guidelines for Law enforcers for effective implementation of tobacco control laws
(b) the board as specified in schedule II is displayed prominently at the entrance of the
public place, in case there are more than one entrance at each such entrance and
conspicuous place(s) inside. In case if there are more than one floor, at each floor
including the staircase and entrance to the lift/s at each floor.
(c) No ashtrays, matches, lighters or other things designed to facilitate smoking are provided
in the public place.
(2) The owner, proprietor, manager, supervisor or in charge of the affairs of a public place shall
notify and cause to be displayed prominently the name of the person(s) to whom a complaint
may be made by a person(s) who observes any person violating the provision of these Rules.
(3) If the owner, proprietor, manager, supervisor or the authorized officer of a public place fails to
act on report of such violation, the owner, proprietor, manager, supervisor or the authorized
officer shall be liable to pay fine equivalent to the number of individual offences.
(Explanation: For the purpose of these rules the word offence means a person found violating
any provision of the Rules).
4 . Hotels, Restaurants and Airports: -
(1) The owner, proprietor, manager, supervisor or in charge of the affairs of a hotel having thirty
or more rooms or restaurant having seating capacity of thirty persons or more and the manager
of the airport may provide for a smoking area or space as defined in rule 2(e) .
(2) Smoking area or space shall not be established at the entrance or exit of the hotel, restaurant
and the airport and shall be distinctively marked as “Smoking Area” in English and one Indian
language, as applicable.
(3) A smoking area or space shall be used only for the purpose of smoking and no other service(s)
shall be allowed.
(4) The owner, proprietor, manager, supervisor or in charge of the affairs of a hotel having thirty
or more rooms may designate separate smoking rooms in the manner prescribed as under:
a) all the rooms so designated shall form a separate section in the same floor or wing, as
the case may be. In case of more than one floors/ wings the room shall be in one floor/
wing as the case may be.
b) all such rooms shall be distinctively marked as “Smoking rooms” in English or one
Indian language, as applicable.
c) the smoke from such room shall be ventilated outside and does not infiltrate/permeate
into the non-smoking areas of the hotel including lobbies and the corridors.
5 . Recovery of fine by authorized officers: -
(1) The authorized officers mentioned in schedule III shall be competent to act under and
compound the offences committed in violation of section 4 of the Act.
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Guidelines for Law enforcers for effective implementation of tobacco control laws
Specifications for the Smoking Area/ Space
Schedule I
[See rule 2 (e) (iii)]
i. that is exhausted directly to the outside and not mixed back into the supply air for the other parts of
the building; and
ii. It is fitted with a non-re circulating exhaust ventilation system or an air cleaning system, or by a
combination of the two, to ensure that the air discharges only in a manner that does not re-circulate
or transfer it from a smoking area or space to non-smoking areas
Specifications for the Board
Schedule II
[See rule 3(b)]
1. The board shall be of a minimum size of 60 cm by 30 cm of white background
2. It shall contain a circle of no less than 15 cm outer diameter with a red perimeter of no less than 3
cm wide with a picture, in the centre, of a cigarette or beedi with black smoke and crossed by a red
band.
3. The width of the red band across the cigarette shall equal the width of the red perimeter.
4. The board shall contain the warning “No Smoking Area – Smoking Here is an Offence”, in English or
one Indian language, as applicable.
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Guidelines for Law enforcers for effective implementation of tobacco control laws
List of Notified Authorised Officers to implement Section 4
Schedule III
(See rule 5)
Authorised Officers: Following persons shall be authorized to impose and collect the fine against the
violation of section 4.
S l . Person Authorised to take action Description of Public
N o . P l a c e
1 Inspectors of Central Excise / Income tax/ Customs/ Sales All Public Places within their
Tax/Health/Transport and above jurisdiction
2 Station Master/Asstt. Station Master/ Station Head/Station Railways and all its Premises
in charge
3 All Gazetted Officers of State/ Central Government or Government offices/premises
equivalent rank and above in Autonomous Organizations /PSU and offices of the autonomous
bodies and corporations
4 Director/ Medical Superintendent/ Hospital Administrator Government and Private
Hospital
5 Post Master & Above Respective Post Office in their
jurisdiction.
6 Head of the Institution/HR Manager/Head of Administration Private Offices / Workplaces
7 College / School/Headmaster Principal/Teacher Respective Educational
Institutions
8 Librarian/Asstt. Librarian/Library in-charge/ other Libraries/ Reading Rooms.
administrative staff in library.
9 Airport Manager/Officers of Airport Authority of India and Airports
Officers of all schedule Airlines
10 Director Public Health/ Director Health Services All Public Places
11 In charge Administration in Central/ State Government. All Public Places
12 Nodal Officers/Focal Points of Anti-Tobacco Cell at District All Public Places
and State level
131 Police Officers not below the rank of Sub-Inspector of Police All Public Places within their
jurisdiction.
14 Officers of State Food & Drug Administration not below the All Public Places within their
rank of Sub-Inspector of Police. jurisdiction.
15 Representatives of Panchyati Raj Institutions All Public Places within their
(Sarpanch / Panchayat Secretary) jurisdiction.
16 Dist Program Manager/ Finance Manager – Dist Health All Public Places within their
Society (National Rural Health Mission) jurisdiction.
17 Civil Surgeon /Chief Medical Officer(CMO) at District Hospital Buildings /Health
Hospital/ Medical Officer at Primary Health Centre (PHC) Institutions/ dispensaries
18 Registrar/ Deputy Registrar/ Public Prosecutors/ Court Buildings
Government Counsels.
19 Inspector of Schools/ District Education officer Educational Institutions
20 Traffic Superintendents /Asst Traffic Superintendents / Public Conveyances
Bus Station Officer / Ticket Collector or Conductor.
21 Travelling ticket Examiner/ Chief Ticket Inspectors/ Ticket Rai lways
Collectors/ Officers not below the rank of ticket collector or
equivalent rank not below the rank of Asst Sub-Inspector
of Railway Protection Force
2 Serial Number 13 to 21 inserted vide notification GSR 680(E) dated 15th September 2009
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Guidelines for Law enforcers for effective implementation of tobacco control laws
Step by Step Guidelines for Smoke-Free public places
1. Section (4) of the ‘Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation
of Trade and Commerce, Production, Supply and Distribution) Act, 2003’ prohibits smoking in public
places. Any violation of this act is a punishable offence with fine up to Rs. 200. However, the hotel
with 30 rooms or more, Restaurants with 30 seating capacity or more and airport may create a
separate smoking area or space.
2. “Public Place’ as defined in the Act and the rules means any place to which the public has
access whether as of right or not and includes all places visited by general public and
includes
Auditorium Hospital Building
Health Institution Amusement Centres
Restaurants Hotels
Public Offices Court Buildings
Educational Institutions L ibrar ies
Public Conveyances Open Auditorium
Stadium Railway Stations
Bus Stops Workplaces
Shopping Malls Cinema Halls
Refreshment Rooms Discotheques
Coffee House Pubs
B a r s Airport Lounge
3. The provisions relating to ‘Prohibition of Smoking in Public Places’ were given effect to from 1stMay
2004. These provisions were reviewed and comprehensive rules ‘Prohibition of Smoking in Public
Places Rules, 2008’ were notified on 30th May 2008. These rules are in force since 2nd October 2008.
The salient features of these rules are:
� It is the duty of the owner, proprietor, manager or supervisor or in-charge of affairs of public
place:
� To keep the area under his jurisdiction smoke-free.
� Display the board as per the specification given in Figure – 1 . These boards shall be
displayed at
� All entrances and other conspicuous places inside the building
� If there are more than one entrance then at all entrances.
� If there are more than one floor, at each floor including the stair case and entrance
to the lift at each floor.
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Guidelines for Law enforcers for effective implementation of tobacco control laws
� Notify and display the name of a person to whom a complaint may be made, in case
someone is found violating the law. (specimen figure – 2).
� Ensure that no ashtrays, matches, lighters or other things designed to facilitate smoking
are provided.
� If the owner, proprietor, manager or supervisor, or in-charge of affairs of the public place fails
to act on the report of such violation, he shall be fined equivalent to the number of individual
offences.
� All Hotels, Restaurants, and Airport being public place have to be smoke-free. However, owner,
proprietor, manager or supervisor or in-charge of affairs of the hotels having 30 or more
rooms and restaurants having seating capacity of 30 or more and the manager of the airport
may provide a separate smoking area /space as per the following specifications.
� Physically separated and surrounded by full height walls on all four sides.
� Having an entrance with automatically closing doors normally kept in close position.
� Has an airflow system
� That is exhausted directly to the outside and not mixed back into the supply to the
other parts of the building.
� That is fitted with a exhaust ventilation system which is non re-circulating in nature
or an air cleaning system or a combination of two, in such a manner that air does not
permeate into non smoking areas.
� Has a negative air pressure in comparison with the remainder of the building.
� The smoking area /space shall not be established at the entrance or exit of the hotel, restaurant
or airport and shall be distinctly marked as ‘smoking area’ in English and one Indian
language as applicable.
� The smoking area/space should be used only for the purpose of smoking and no other service(s)
shall be allowed.
� The owner, proprietor, manager or supervisor or in-charge of affairs having 30 or more rooms
may designate separate smoking rooms in a manner as provided:
� All rooms designated as smoking rooms shall form a separate section in the same floor
or wing. In case there is more than one floor/wing, these rooms shall be in one floor or
wing as the case may be.
� All such rooms shall be distinctly marked as smoking rooms in English or one Indian
language.
� The smoke from such room shall be ventilated outside and does not permeate in non
smoking areas of the hotel including lobbies and corridors.
4 . Action to be taken by State Government:
The dept dealing with Health in the state government shall be primarily responsible for implementing
the provisions of these rules in coordination with other central/state government departments and
various other stakeholders. The secretary in-charge of Health shall take following steps.
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Guidelines for Law enforcers for effective implementation of tobacco control laws
� Give wide publicity to the provisions of the rules; also put it on the official website of the
Department.
� Ensure that all offices, Institutions, autonomous organization, including hospitals, Educational
Institution/ Medical/Dental/ Nursing Colleges etc. under the Health/Medical Education
Department and any public sector undertaking, follow the rules i.e. display of boards,
identification of persons to whom a compliant of violation is to be lodged.
� Send communications to all state government departments, institution etc. in the state.
o To ensure that attached/subordinate offices, Autonomous organization & PSU’s under
the respective department(s) comply with the law.
o That those in-charge or responsible for any public place implement the smoke-free rules.
o That all departments identify the person(s) to whom any complaint about violation(s)
can be reported.
(A fact sheet indicating the steps to be taken by an organization is annexed)
� Send communications to all the heads of central government departments in the state like
Railways, Customs and Central Excise, Defense Establishments, AG Office, Doordarshan, All
India Radio, CPWD, Airports Authority, etc. for implementing the provisions of the rules.
� Send specific communications to Secretaries of Education Dept, Tourism dept, Transport Dept,
Municipal Corporations as under:
o To Education Secretary (and /or Medical Education secretary) to make all the school,
colleges including Medical, Dental, Nursing, Paramedical Colleges, universities including
deemed universities to display the boards as per specification and follow the other
provisions of the rules.
o To Transport Secretary for ensuring that the boards are displayed in all public
conveyances under government and private sector and also at the bus stops and bus
terminals.
o To head of the Municipal Corporations to ensure that the provisions of the Act is
implemented in the area under his jurisdiction.
o To Tourism Secretary
� To Inform all concerned in charge of places commonly frequented by tourists that
they have to follow the rules and ensure that those places are smoke-free.
� To ensure tourist are duly informed-through portals/websites, brochures and
pamphlets about the provisions of the rule.
� To provide smoke free environment in all hotels/restaurants as laid down in the
Rules
� To inform that hotels/restaurants having 30 or more rooms/ or 30 or more seating
capacity may create a designated smoking area / space as per the specifications.
� To ensure that the boards as per the requirement are prominently displayed in all
tourist spots including in hotels/restaurants/pubs/bars/coffee shops etc.
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Guidelines for Law enforcers for effective implementation of tobacco control laws
� Communicate to all district collectors the details of the provisions of the rules and action to be
taken.
� Sensitize the representatives of Hotels/ Restaurants, Private workplaces, shopping malls,
cinema theaters, Industry / factories about the provisions of the rules and set up a mechanism
for monitoring implementation.
� Establish a coordinating mechanism by way of setting a state level task force/steering committee
under the chairmanship of Principal Secretary/Secretary Health with representatives of all the
major departments of State/Central Governments, other stakeholder and Civil Society. Also to
establish District Level committee under the chairmanship of District Collector with Chief
Medical Officer (District Nodal Officer for Tobacco Control) as member Secretary.
5 . Way forward for Enforcement
� Sensitize, train and empower the law enforcers i.e. Police, Food & Drug Inspectors and other
the authorized officers, as notified by the central Government vide notification dated 30th May,
2008.
� The State Government may also consider notifying additional authorized officers for
implementing the provisions of the rules.
� Set up flying squads for monitoring, enforcement and compliance.
� Setting up of toll-free help line / online reporting system may also be considered.
� Establish a mechanism for issue of challan or compounding of offence. The options
available, based on the experience of a few States are:
� OPTION – 1: to empower the authorized officers to compound the offence and impose
appropriate fine upto Rs. 200 on the violators and recover the fine on the spot. A specimen
copy of the receipt is at figure -3
� OPTION – 2 : to permit the authorized officers to issue challans with the direction that
the offender pays the fine at the designated court or treasury on any given/fixed day(s) as
may be decided by the State Government. The state government may also constitute
mobile courts/special magistrates. The specimen copy of challan is at figure – 4.
Or combination of both the options as may be decided by the State
Government.
� The Health Department has to print the numbered receipt book (s) and challan book(s) for
distribution to various authorized officers for ensuring proper accounting of fines imposed on
the offenders. The challan may contain two part, one to be issued to the offender and the other
to be retained by the authorized officer who has to deposit the fine and the book to the health
department.
� There are different models of channelising the funds collected through fine.
• OPTION – 1 : create a separate head of account as has been done by Gujarat Government
under the department of Health in which the fine collected by various agencies/officers
are deposited. This will enable Department of Health to use the fund for tobacco control
activities. The head under which the fine is to be credited may be indicated at the bottom
of the receipt itself.
• OPTION – 2: the fine collected by various agencies may be deposited to a miscellaneous
account of department of Health. In case the states have a separate account for National
Tobacco Control Programme in the Health Society, the funds may be deposited in this
account.
It is necessary for the state government to lay down detailed guidelines for
ensuring accountability for the amount collected as fine.
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Guidelines for Law enforcers for effective implementation of tobacco control laws
6. Other Measures:
� Highlight successes and failures of every department/organization.
� Provide for non-monetary incentives such a commendation letters, etc.
� Mainstream the Rules and regulations in regular training/Orientation of officers and staff
working in any ‘Public place’.
� Encourage the vast majority of non smokers, to recognize their right to life and health - through
media campaigns, school curriculum etc.
Steps for Enforcement by Department /Institutions
� Display boards as per specifications in non smoking areas.
� Notify and display the name of a person to whom a complaint may be made, in case
someone is found violating the law.
� Train and inform the persons within the institutions responsible for implementing the
act, including their duties, responsibilities under the law. The consequence of non-
compliance is clearly spelt out. Also, train the enforcers about the mechanism of issuing
challan /compounding of offences and imposing fine.
� Educate the staff about the provisions of the smoke-free rules.
� Constitute a core group/task force for regular monitoring, surprise checks to and ensure
monitoring and compliance.
� The funds collected by compounding the offence may be deposited in the account as
specified by the department of Health
Figure – 1-Signage
Design of the signage Specification of the board
1. The board shall be of a minimum size of 60 cm by
30 cm of white background
2. It shall contain a circle of no less than 15 cm
outer diameter with a red perimeter of no less
than 3 cm wide with a picture, in the centre, of a
cigarette or beedi with black smoke and crossed
by a red band.
3. The width of the red band across the cigarette
shall equal the width of the red perimeter.
4. The board shall contain the warning “No Smoking
Area – Smoking Here is an Offence”, in English or
one Indian language, as applicable.
Figure - 2 -Specimen
If your find anybody smoking please report to
Name:……………………………..
Designation: ………………..
Telephone no:…………….
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Guidelines for Law enforcers for effective implementation of tobacco control laws
Ministry of Health & Family WelfareNIRMAN BHAVAN, NEW DELHI
Receipt No. Date :..............................
Received Rs. :....................................(in words).......................................................................................................
from Shri ..................................................................................S/o...................................................................................